Halter Marine; Zurich American Insurance Co v. Everett Necaise

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
August 9, 2007
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 06-60602
HALTER MARINE; ZURICH AMERICAN INSURANCE CO
Petitioners
v.
EVERETT NECAISE; DIRECTOR, OFFICE OF WORKER’S
COMPENSATION PROGRAMS, US DEPARTMENT OF LABOR
Respondents
Petition for Review of an Order of
United States Department of Labor
Benefits Review Board
No. 05-781
Before JONES, Chief Judge, and REAVLEY and SMITH, Circuit Judges.
PER CURIAM:*
This court has considered the appeal in light of the briefs, argument of
counsel, and pertinent authorities and portions of the record. Having done so,
we DENY the petition for review. The Benefits Review Board’s decision is
supported by substantial evidence and involves no error of law. The employer

-- 1 of 2 --

No. 06-60602
2
did not satisfy its burden of showing, on the facts of this case, that suitable
employment for Necaise was “reasonably available” because Necaise was able to
perform short-term light duty work. See Norfolk Shipbuilding & Drydock Corp.
v. Hord, 193 F.3d 797 (4th Cir. 1999).
PETITION DENIED.

-- 2 of 2 --